1.THE CONTRACT BETWEEN US
1.1 The website is owned, operated and maintained by Hedon Green Print.
1.2 Please read these conditions ("Terms and Conditions") carefully as they set out the rules for how Hedon Green Print runs the website and supplies the products and services which you may purchase through this website. By "opening an account" you accept and agree to be bound by these website conditions which shall govern the agreement between us.
1.3 Hedon Green Print reserves the rights to change the contents of this website, including the website conditions at any time without notice, by posting such changes on the website. It is your responsibility to familiarise yourself with the website conditions regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised website conditions.
If you do not accept these website conditions, you may not use this website.
2.TERMS AND CONDITIONS
These terms and conditions govern your use of the service and all orders placed by you for products and services via this website.
3. ONLINE ORDERS
3.1 You must be over the age of 18 and able to form legally binding contracts under applicable law before you can place an order via the website. If you do not meet the foregoing requirements, you may not use this website.
3.2 All orders placed by you through this website will be subject to these terms and conditions.
3.3 All orders shall be deemed to be an offer by you to purchase the products or services. Hedon Green Print is under no obligation to accept your order (whether or not the order has been acknowledged).
3.4 You shall be responsible to Hedon Green Print for ensuring the accuracy of the terms of the order submitted by you, and for giving Hedon Green Print any necessary information relating to the products within a sufficient time to enable Hedon Green Print to perform the contract in accordance with its terms and Hedon Green Print shall incur no liability as a result of any inaccurate information supplied by you.
4.1 Hedon Green Print has made every reasonable effort to display all information on the website as accurately as possible. However, some slight variations may occur from time to time. Accordingly, any typographical, clerical or other error or omission in any information, price list, website text, pictures, confirmation, invoice or other document issued by Hedon Green Print shall be subject to correction at any time without any liability to Hedon Green Print.
4.2 For the purpose of the contract, the quantity, quality, description and specification of the products/services shall be substantially as detailed in the confirmation.
4.3 Hedon Green Print reserves the right to alter the products/services or any relative specifications (whether such specifications have been submitted by you in the website order or otherwise) and designs at any time, without notice, as a result of changes in law or at the sole discretion of Hedon Green Print.
4.4 Slight variations may occur from time to time in relation to the colours and the appearance of the images, frames etc. from the way they appear on screen.
5. ORDER ACCEPTANCE
5.1 Once payment for the products/services have been received, we will confirm that your order has been accepted by sending an email confirmation to you at the email address you provide in your order. Our acceptance by confirmation of your order brings into existence a legally binding contract between us with respect to such website order.
5.2 If there are any problems with your order, you will be contacted by a member of the customer service team.
6. PRICE AND PAYMENT
6.1 The price for the products/services that you order will be the price quoted on the website at the date the order is received.
6.2 If you are purchasing products/services from within the European Union, including the United Kingdom, prices include VAT and any other applicable taxes.
6.3 Payments must be made by credit or debit card or PayPal. By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card you tendered all amounts payable by you to us (including VAT, any other applicable taxes and delivery) based on the products/services you order. 6.4 Hedon Green Print shall not deliver the products/services until it has received confirmation of payment.
7.1 Hedon Green Print aims to deliver the products/services as soon as possible after placing your order, under normal circumstances within 5 working days. If we cannot deliver the products/services within 30 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the products/services however caused.
7.2 Risk in the products/services shall pass to you once they have been delivered to you and we will not be liable for their loss, corruption or destruction after delivery has taken place.
7.3 It is your responsibility to ascertain and obey all applicable local, and international laws (including minimum age requirements) in regard to the possession, use and sale of any products purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
8. YOUR RIGHT TO CANCEL
8.1 Given the bespoke nature of many of our services and products, prints are personalised items therefore an order cannot be cancelled or altered once placed .
9. CANCELLATION BY US
9.1 We reserve the right to cancel any order (or any part of the order) if for any reason:
9.1.1 the products ordered by you are no longer available; or
9.1.2 the products are withdrawn by Hedon Green Print or by order of any governmental authority, in which event we will notify you by email and refund any payments you have made for that order or that part of the order.
9.2 We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
9.3 We may terminate or suspend your use of the website at any time, with or without cause (including but not limited to your breach of these terms and conditions or any inappropriate or unlawful behaviour on your part), with or without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You are personally liable for any website orders that you place and charges that you incur prior to termination.
9.4 We reserve the right to modify, suspend or discontinue this website, the services or any products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.
9.5 You agree to indemnify and hold harmless Hedon Green Print and its affiliates, officers, directors, employees and representatives from any and all third party claims and demands, including reasonable legal fees, for damages and/or costs due to or arising out of your breach of these terms and conditions and/or your use of the website, the services or any products.
10. LIMITED EXPRESS WARRANTY FOR DEFECTIVE PRODUCTS
10.1 All products/services supplied by Hedon Green Print will be substantially free from material defects and be of good quality, subject to the terms set out in this section.
10.2 If the products/services are materially defective or incorrect on delivery, we shall have no liability to you unless you notify us of the problem within 14 days from the date of delivery by email at email@example.com
10.3 If you notify an alleged problem to us we will:
10.3.1 investigate any allegation;
10.3.2 make good any actual shortage or non-delivery; or
10.3.3 replace any products which are materially defective on delivery; or
10.3.4 where products cannot be made good or replaced, refund you the amount paid by you for the products in question.
10.4 We ask that you return the damaged or faulty products to us and we will reimburse your postage costs provided you send to us your supporting receipts. The remedies set forth in this paragraph 10.3 constitute your sole and exclusive remedies, and our sole and exclusive obligations, with respect to any damaged or faulty Products. For the avoidance of doubt, we shall have no such obligation to you if any of the conditions set out at paragraphs 11.2 or 11.3 apply.
10.5 EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 11.1, THIS WEBSITE, THE SERVICE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE, THE SERVICE OR THE PRODUCTS WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS WEBSITE, THE SERVICE OR THE PRODUCTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS WEBSITE, THE SERVICE OR THE PRODUCTS.
11. OUR LIABILITY
11.1 SAVE AS PRECLUDED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY LOSS OF MATERIALS, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE) HOWSOEVER ARISING OUT OF YOUR USE OF THIS WEBSITE, THE SERVICE AND/OR THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID FOR THE PRODUCTS IN QUESTION. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THEORY UNDER WHICH SUCH CAUSE OF ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
11.2 The information contained in the website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the products/services you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your order.
11.3 Hedon Green Print shall be under no liability in respect of any defect in the products/services arising from your failure to follow instructions when ordering of the products/services via the website, your use of the products, incompatibility of the environment where the products are kept, or your misuse or alteration of the products.
11.4 Notwithstanding the above, nothing in these terms and conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any personal injury resulting from our negligence.
12. USE OF THE PRODUCTS AND OTHER RIGHTS AND RESTRICTIONS
12.1 Except as provided in the immediately following sentence, Hedon Green Print (or, in the case of third party materials, that third party) retains all rights, title and interest in and to the website, including all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectible elements contained therein, and the selection, sequence, "look and feel" and arrangements thereof. This website is protected by intellectual property laws and your use is strictly restricted to these terms and conditions, including the following:
12.1.1 you may only use this Website for your own personal use and not for any business-related purposes;
12.1.2 you may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the website.
12.2 The trademarks, service marks, graphics and logos used in connection with this website are trademarks or registered trademarks of Hedon Green Print or third party owners. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.
12.3 All rights not expressly granted herein are reserved.
12.4 The products/services are intended for sale to persons dealing as consumers and are not for resale. You agree that you will not use the products/services for any commercial or illegal purpose or for any other purpose prohibited by these terms.
13. ACCEPTABLE USE
13.1 You shall not breach or attempt to breach the security of this website. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorised to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
13.2 You agree not to use this website in any way that may cause the website or access to the website to be interrupted, damaged or impaired.
13.3 The website may host reviews and feedback from users. Any electronic communications and / or content you send to this website must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. It must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or "spam".
13.4 When dealing with this website you must not use a false email address, impersonate any other person or entity, or mislead the website and its users as to the origin of any electronic communications or content. 13.5 Unauthorised use of this website may give rise to a claim for damages and / or be a criminal offence.
14. YOUR INFORMATION
14.1 You agree to provide current, complete and accurate information required as may be required in the course of using this website or the service ("your data"). You further agree to maintain and update your data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this website. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use your data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
14.2 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the website. We will not be responsible for any loss suffered as a result of your failure to do so.
15. Disclaimer of Liability for Third Party Materials
Certain content, products and services available via this website may include materials from third parties. In addition, we may provide links to certain third party websites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. Hedon Green Print does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you.
16. EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver the products/services you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.
17.1 If any of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other conditions which shall remain in full force and effect.
17.2 If any of these terms and conditions is found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.
19. THIRD PARTIES
Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
20. ENTIRE AGREEMENT
21. GOVERNING LAW AND JURISDICTION
21.1 The contract between us and any matter arising from or in connection with these conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
21.2 Any claim or cause of action against Hedon Green Print arising out of or related to use of this website, the service, or the products or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.
23. ELECTRONIC DELIVERY POLICY
You agree that we may provide to you required notices, agreements and other information electronically as specified in these terms and conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Website.
24. NOTICES AND CORRESPONDENCE
Unless otherwise expressly stated in these terms and conditions, all notices and other forms of communication from you to us must be in writing and sent to our email at firstname.lastname@example.org or to the address below. All notices from us to you will be displayed on our website from time to time.
Hedon Green Print, 18-20 Market Place, Hedon, East Riding of Yorkshire, HU12 8JA
25.1 This website is intended for residents of the United Kingdom. Hedon Green Print makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of Hedon Green Print to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.
25.2 The failure of Hedon Green Print to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.
25.3 Hedon Green Print may perform any of its obligations or exercise any of its rights here under by itself or where applicable through any other persons (legal or otherwise) or entities.
25.4 Hedon Green Print may assign the contract with you or sub-contract the whole, or any part thereof to any other person (legal or otherwise) or entity. Unless otherwise agreed in writing, you may not assign either the benefit or the burden of any contract with Hedon Green Print.
In these terms and conditions, except where the context otherwise requires
"contract" means the contract for the purchase and sale of the products/services subject to the terms and conditions as constituted and evidenced by the order and the confirmation;
"products" means the products sold by Hedon Green Print to you via the website;
"service" means the service provided by Hedon Green Print for the sale of the 'products' to you using the website.
"website" means the website published by Hedon Green Print on the internet with the http://hedongreenprint.co.uk ;
"confirmation" means written email confirmation to you from us of our acceptance of the relevant order;
"order" means an order from you submitted to Hedon Green Print through the website by the ordering system set out on the website.